Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-03


struggled somewhat before the shot was
fired. There was sufficient time between
the blow and the firing of the shot for the
men to have been separated. After he was
shot Robinson said something to the effect
that " his time had GOMEZ or he believed
he was going to de-" Saw McWhorter af-
ter the shooting in company with a man
named Myers, on the opposite side of the
street. Myers was showing him up against
a window. Witness was questioned at con-
siderable length regarding the testimony
given by him at the preliminary examina-
ton of McWhOrter but did not seem to be
at all clear as to the statements then made
by him, and could not remember having
| testified TO certain things.
James O'Brien, of Smartsville, Yuba
county, was next called. Witness said he
gas acquainted with both the deceased and
defendant Seth. Martin told witness of
threats made against McWhorter by Robin
son, and witness communicated the threats
to defendant On the following day, the
18th of August, 1886. McWhorter came to
Sacramento to negotiate loan and to col
lect some $500 due him.
The defense desired to have witness ex-
plain the nature of the threats against Nc
Whorter, as conveyed by witness to the
latter
The prosecution objected, and the objec-
ton was sustained, as the alleged threats
were not made in witness hearing.
The witness then related the story of the
homicide. He was in company with Sena-
tor Chandler at the time. His statement
was substantially the same as that of Sena-
tor Chandler, except that witness seemed to
regard Robinson's demonstration toward
McWhorter as decidedly vigorous. Wit
ness thought that if Robinson had not held
McWhorter up with his left hand the blow
he received from Robinson's right would
have knocked him down.
Cross-eXanined: Am a farmer and stock
raiser was for thirty years a hydraulic
miner have not for five years been con-
nected with the Miners Association am
not interested in the Marysville Democrat,
but McWhorter, the proprietor, owes me
some money borrowed for the purpose OF
purchasing material for his paper. Witness
said that he came to Sacramento on the day
of the shooting, in company with the de-
PENDANT, for the purpose of raising some
money for him, but he (witness) had also
other business in the city. He gave
originally 500 to the Democratic Central
Committee of Yuba county for the pur-
pose of starting Democratic paper. He
did not then know McWhorter, but later
on loaned the latter $3.50 for the purpose of
purchasing new material. Witness was
not acquainted with anybody present at
the shooting except Senator Chandler. 1t
was sometime after the shooting that he
saw Mr.. Duhane at the State House. Wit
ness was friendly with McWhorter, and
had no prejudice against Robinson. He
had quit mining, and his business was not
affected by Mr.. Robinson's duties as agent
of the anti-hydraulickers. He did not
think he told McWhorter that he thought
Robinson's threats were mere braggadocio,
nor that he so stated on the examination
in the Police Court. McWhorter was ex-
cited at the time, and witness admitted
that he might have said something of the
kind. Did not know. on the evening of
the shooting, that McWhorter was armed.
On the way down from Marysville Nc
Whorter did not mention anything about
having pistol. Did not go to the DEM
ocrat office on the morning Of leaving
Marysville. After the shooting had an
interview with Mr.. Miller of the RECORD
UNION, but could not remember where it
was held. Witness was asked if he at that
time stated that an article appeared in the
Democrat to the effect that man had been
driven from house of ill-fame, by fire,
but that his name was not mentioned. He
replied that he might have so stated, but
had no recollection of it. Witness had
loaned defendant money with which to
employ counsel. If defendant should be
able to repay the sum to witness, he had no
doubt he would get it. Witness denied, in
answer to General Harris questions, that
he had hunted up witnesses for the defense,
or that he had paid out money for that
purpose.
Witness was at this point compelled to
recite the circumstances of the affray in re-
ply to a question put by the prosecution
He said he got to the hotel before Nc
Whorter on the evening of the shooting
Had no pistol at the time, andnever owned
one.
Seth Martin was the next witness. He
said he was acquainted with the defendant.
and also with Robinson for a couple of
years. The latter, on the ID of August,
1856, said to witness in front of the Capital
Hotel, in Sacramento. that the Mary sville
Democrat had been abusing him, and that
he would break every bone in the editors
body. Witness demonstrated with Robin
son, but the latter said he was going to San
Francisco on the following day, and if he
saw McWborter there he would stamp the
life out of him. He was angry in his man
ner. Witness communicated these threats
to Senator Cross and James O'Brien, and
requested them to convey the same to Nc
Whorter On the 10th day of August wit
ness met McWhorter at the State Capitol
and asked him if O'Brien had conveyed
message to him from witness, and he re-
piled that he had. About o'clock on the
evening of the shooting witness met Nc
Whorter at the State House Hotel, and af-
ter brief conversation asked him to walk
down to the Capital Hotel. Witness saw
Robinson in the vicinity, and mot admitted
in evidenced desired to get defendant out of
the way.
On cross examination witness said he
was once hydraulic miner, but was not
connected with any of the litigation be-
tween the miners and farmers. He denied
having any bitter prejudice against the
men called "spies )" but there was class
against whom he was bitterly prejudiced-
those who, while employed as anti
hydraulic mining agents, have sought to
blackmail the miners. He had not spe-
cially interested himself in the case of the
defendant. At the time Robinson made
the threats against McWhorter he was very
angry, and said that he had been SIAN
| dered. Witness tried to dissuade him from
carrying out his threats, but Robinson re-
peated them, and said he would stamp the
| life out of McWhorter if he met him in San
| Francisco The reason witness told Senator
Cross of these threats was that he (witness)
| supposed from RobinsoD's remarks that
McWhorter was in San Francisco, and as
the Senator was going down there, witness
| thought it good opportunity TO send word
| to McWhorter. Witness and McWhorter
| had conversation on the day of the
shooting. The latter told witness of his
financial troubles, of his business in the
city, and asked witness to try and assist
| him.
| James Brien was recalled, and repeated
the threats communicated by him to Nc
! Whorter. as coming from Seth Martin.
| THESE were substantially the same as testi
| fed 10 by witness Martin.
At o'clock p. NJ. the Court adjourned till
| 10 O'Clock this morning.
| AMERICAN RIVER ScHooL.-Following is
the report of the American River School
for the month of January, Susie Leonard.
teacher Number enrolled, 81; number
examined, "a. Average percentage in writ
ten and oral examination First Division,
| Ella Klotz, %; Max. Fuller, 81. Second
| Division, Willie Klotz, 9S; Peter Mcintyre,
! 90; Mamie Mcintyre. "a Annie Pool, 80;
Minnie Dunning, 90; Minnie Pool, IS;
Sidney Allen. 81 Mary Umberg. 80: Eddie
| Gibson, so; Emma ellison, II. Third Di-
vision. Theodore Pool. 50; George Gibson,
o. Willie Mcintyre, 90; Claude Van Gel
der, So Fourth Division, Alice Pool, SO !;
Oracle Kloiz, 81; Fritz Cordes, 80; Johnnie
| Dunning. 90: Sadie McInty re-, 90; Eddie